Felony vs. Misdemeanor: How Crimes Differ in Texas Courts

Virtually everyone knows that there are two types of crimes in Texas: Felonies and Misdemeanors. However, many are still unsure of what these two words actually mean. Why does Texas (and many other states) divide crimes into these two categories? Why is a felony much more serious than a misdemeanor, and what might happen to your rights if you become a convicted felon? These are all common questions, especially among those who are facing criminal charges.

The Garza Law Office, PLLC, can help you answer these questions and many others. This criminal defense law firm in Texas has assisted numerous satisfied defendants over the years – and our experienced defense attorney has handled misdemeanor and felony cases. Dora Alicia Garza graduated from St. Mary’s University School of Law in 2014 and established her own law firm shortly thereafter. This Texas criminal defense lawyer advocates fiercely for her clients and has a deep understanding of the criminal justice system.

Misdemeanors are Less Serious Compared to Felonies

If you are facing a misdemeanor charge, you can generally expect relatively light penalties. This type of crime is less serious compared to a felony, and it is associated with lower incarceration periods and fines. That being said, you could still go to jail for a misdemeanor in Texas – and there are many different types of misdemeanors to consider. Some misdemeanors usually result in community service or probation, while others are more likely to trigger jail time.

Examples of misdemeanors in Texas include:

• Theft
• Trespassing
• Reckless driving
• Harassment
• Disorderly conduct
• Resisting arrest
• DWIs
• Criminal Mischief
• Animal cruelty
• Prostitution
• Indecent exposure
• Public intoxication
• Assault

As you can see, most misdemeanors are non-violent in nature – with the exception of assault, harassment, and animal cruelty. It is also worth noting that some of these misdemeanors can become felonies if there are “aggravating factors.” For example, a DWI can become a felony if it involves a serious injury or death. In the same way, assault can become a felony if it causes serious injuries or a deadly weapon is involved.

Most theft-related offenses are misdemeanors in Texas. However, you will generally face the possibility of a felony depending on the amount involved or if you use violence while stealing something. Even the threat of violence can trigger felony charges. For example, you might have brandished a firearm after being caught shoplifting.

Jail and Prison are Not the Same Thing

One of the most important differences between misdemeanors and felonies involves the nature of your incarceration. If you are convicted of a misdemeanor, the criminal courts can only send you to jail. If you are convicted of a felony, however, you will serve your sentence in prison.

Prisons are associated with much higher levels of security compared to jails, as they hold many dangerous offenders who have committed serious crimes. On the other hand, prisons are generally better funded, with facilities such as libraries, substance abuse treatment, and access to education. It may be possible to serve your sentence in jail if you were accused of a less serious “state jail felony.”

Felonies Represent More Serious Offenses

Felonies are associated with more serious offenses. Many felonies are violent in nature, creating an incentive to lock the defendant away and protect the rest of the population from further harm. That being said, felonies may also include certain financial crimes, such as fraud or bribery. Here are a few examples:

• Aggravated assault
• Murder
• Human trafficking
• Smuggling
• Sexual assault
• Stalking
• Arson
• Forgery
• Tampering with evidence
• Burglary
• Attempted murder
• Child endangerment DWI
• Bribery

Note that even if you did not use violence, theft of more value in property can trigger felony charges in Texas. These thefts are usually associated with scams, frauds, and large-scale heists. Also, note that most crimes associated with corruption are felonies – including bribery and evidence tampering.

While felonies result in longer prison sentences, they also cause you to lose your rights. These include the right to bear arms, the right to vote, and the right to serve on a jury. Felony convictions also have considerable effects on your education, relationships, access to housing, and employment.

Contact an Established Criminal Defense Law Firm in Texas

If you are serious about fighting for your rights, book a consultation with The Garza Law Office, PLLC by calling our criminal defense law firm at 956-329-1304. Our defense lawyers understand how daunting the criminal justice system can be, and the distinction between felonies and misdemeanors is just one potential source of confusion. If you are facing criminal charges, the most important thing to remember is that you are not alone. Help is available, so discuss a potential defense strategy with our criminal defense attorney today.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.